# Research article: compensation for medical harm, a comparison

URL: https://insurancelawestonia.ee/blog/2020-08-07-research-medical-malpractice-comparative/
Author: Dr Olavi-Jüri Luik, Partner, Head of Insurance Law, attorney at law (Advokaadibüroo WIDEN OÜ)
Published: 2020-08-07
Last updated: 2026-11-04

> Kratenko and Luik, Zakon 2020/7: compensation for harm caused by improper medical intervention, a comparative analysis including Estonia.

> **Article (in Russian):** M. Kratenko, O.-J. Luik, "Liability for medical malpractice: comparative analysis of the legal experience of the Russian Federation and Estonia", Zakon 2020/7, pp. 68–83. [ETIS record](https://www.etis.ee/Portal/Publications/Display/6d9cbc32-a10c-443b-bb29-6258ba1ac575) (published 7 August 2020)

*Date note: the date of this post (7 August 2020) is the date of the original publication. This introduction was written for this website in 2026.*

Co-author: Maksim Kratenko. The article appeared in a special issue on medical law and bioethics.

## Topic

The article compares how patients are compensated for harm caused by improper treatment in Estonia and another jurisdiction. Central issues are the basis of the healthcare provider's liability, proof of error and causation, and the role of insurance. It was published while Estonia was debating patient insurance but before any legislation existed. The abstract could not be opened when this post was prepared, so the authors' conclusions are not reported in detail.

## What has changed

The Healthcare Provider's Compulsory Liability Insurance Act (tervishoiuteenuse osutaja kohustusliku vastutuskindlustuse seadus, TOKVS) entered into force on 1 November 2024. Estonia chose compulsory liability insurance: compensation still requires the provider's liability, but the insurer handles the claim and a conciliation committee resolves disputes. See the [annotated commentary](https://insurancelawestonia.ee/blog/2024-07-01-research-patient-insurance-commentary).

## Related pages

- [Patient insurance in Estonia](https://insurancelawestonia.ee/guides/patient-insurance-estonia)
- [Medical errors and liability before patient insurance (2022)](https://insurancelawestonia.ee/blog/2022-10-19-media-medical-errors-and-liability)